[1] Criteria for determining the danger of "hazardous goods" under Article 3 (1) of the Punishment of Violences, etc. Act

[2] The case holding that air gun which has not been charged with ball cartridges constitutes "hazardous articles"

[1] The term "a deadly weapon or other dangerous object" as referred to in Article 3 (1) of the Punishment of Violences, etc. Act includes not only a total or knife with the characteristics that can kill people, but also other things, which can cause harm to the lives of the other party or a third party, if used by social norms.

[2] The case holding that air gun constitutes "hazardous things" because the defendant, even though the defendant did not contain any ball gun, was in possession of ball gun together with the air gun at the crime scene, and the defendant, at any time, can use the ball gun for it and launch it at any time

[1] Article 3 (1) of the Punishment of Violences, etc. Act / [2] Article 3 (1) of the Punishment of Violences, etc. Act

[1] Supreme Court Decision 81Do1046 delivered on July 28, 1981 (Gong1981, 1423), Supreme Court Decision 89Do1570 delivered on December 22, 1989 (Gong1990, 424) Supreme Court Decision 91Do2527 delivered on December 27, 1991 (Gong192, 816), Supreme Court Decision 96Do3411 delivered on February 25, 1997 (Gong197Sang, 1021), Supreme Court Decision 97Do597 delivered on May 30, 197 (Gong197Ha, 1961), Supreme Court Decision 9Do3979 delivered on December 27, 198 (Gong1997Ha, 1961), Supreme Court Decision 97Do39499 delivered on September 19, 195).

Defendant

Defendant

Attorneys Kim Jong-sung et al.

Daejeon District Court Decision 2002No845 Delivered on August 16, 2002

The appeal is dismissed. 90 days out of detention days after the appeal shall be included in the original sentence.

The term “a deadly weapon or other dangerous object” as referred to in Article 3(1) of the Punishment of Violences, etc. Act includes not only a total or knife with the characteristics that can kill and injure people, but also other things that can cause harm to people by social norms (see Supreme Court Decision 91Do2527 delivered on December 27, 191, etc.).

The court below determined that the defendant's air gun was "a deadly weapons or other dangerous articles" under Article 3 (1) of the Punishment of Violences, etc. Act, since the defendant was in possession of ball cartridges together with the air gun at the scene of the crime and the defendant was launched any time at any time, since he was in possession of ball cartridges with the air gun at the scene of the crime, and the air gun was just in accordance with the above legal principles, and there was no error in the misapprehension of legal principles as to " deadly weapons or other dangerous articles" as alleged in the ground of appeal.

Therefore, the appeal shall be dismissed and part of the detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition.

Justices Seo-sung (Presiding Justice)